B-174549, APR 13, 1972

B-174549: Apr 13, 1972

Additional Materials:

Contact:

ALTHOUGH THE INFORMATION PROVIDED IS CLEARLY INADEQUATE. SINCE IT APPEARS THAT THE HOUSEHOLD GOODS WERE PLACED IN NONTEMPORARY STORAGE AS AUTHORIZED BY THE REGULATIONS AND SINCE THE COSTS INCURRED ARE LESS THAN THE COMPARABLE RATES SHOWN BY OFFICIAL TARIFF SCHEDULES. BROWN: THIS REFERS TO YOUR LETTER WHICH WAS RECEIVED IN THIS OFFICE ON OCTOBER 29. THE CLAIMS ARE FOR REIMBURSEMENT OF CHARGES INCURRED INCIDENT TO STORAGE OF ONE LOT OF YOUR HOUSEHOLD GOODS MOVED FROM RESIDENCE TO WAREHOUSE IN NORFOLK. WHICH THEN WERE IN YOUR RESIDENCE AT 1229 RIVER OAKS DRIVE. THE GOODS WERE PICKED UP ON AUGUST 11. THE ONLY DOCUMENT SUBMITTED BY YOU AS EVIDENCE OF THIS SHIPMENT WAS A STATEMENT SIGNED BY TWO WITNESSES.

B-174549, APR 13, 1972

MILITARY PERSONNEL - STORAGE AND SHIPMENT OF HOUSEHOLD GOODS - REIMBURSEMENT CONCERNING THE CLAIM OF EDNA M. BROWN FOR REIMBURSEMENT OF CHARGES INCURRED INCIDENT TO THE STORAGE OF ONE LOT OF HOUSEHOLD GOODS ON AUGUST 11, 1967, AND FOR EXPENSES INCURRED INCIDENT TO THE SHIPMENT OF ANOTHER LOT TO A NEW PLACE OF RESIDENCE IN JUNE, 1969. ALTHOUGH THE INFORMATION PROVIDED IS CLEARLY INADEQUATE, SINCE IT APPEARS THAT THE HOUSEHOLD GOODS WERE PLACED IN NONTEMPORARY STORAGE AS AUTHORIZED BY THE REGULATIONS AND SINCE THE COSTS INCURRED ARE LESS THAN THE COMPARABLE RATES SHOWN BY OFFICIAL TARIFF SCHEDULES, MRS. BROWN'S 1967 CLAIM MAY BE ALLOWED. HOWEVER, UNLESS SHE CAN FURNISH GAO WITH A RECEIPT OR PAID BILL FROM THE PERSONS WHO MOVED HER GOODS IN 1969, THE DISALLOWANCE OF HER CLAIM FOR REIMBURSEMENT OF SHIPPING COSTS MUST BE SUSTAINED.

TO MRS. EDNA M. BROWN:

THIS REFERS TO YOUR LETTER WHICH WAS RECEIVED IN THIS OFFICE ON OCTOBER 29, 1971, REQUESTING RECONSIDERATION OF YOUR CLAIMS AS THE WIDOW OF ADCS ALEXANDER L. BROWN, U.S. NAVY, DECEASED. THE CLAIMS ARE FOR REIMBURSEMENT OF CHARGES INCURRED INCIDENT TO STORAGE OF ONE LOT OF YOUR HOUSEHOLD GOODS MOVED FROM RESIDENCE TO WAREHOUSE IN NORFOLK, VIRGINIA, ON AUGUST 11, 1967, AND EXPENSE INCURRED INCIDENT TO SHIPMENT OF THE OTHER LOTS FROM THE SAME RESIDENCE TO ANOTHER RESIDENCE IN NORFOLK IN JUNE 1969.

OUR FILE SHOWS THAT SUBSEQUENT TO THE DEATH OF YOUR LATE HUSBAND ON JUNE 24, 1966, YOU MADE ARRANGEMENTS WITH COLLINS STORAGE AND MOVING COMPANY, INCORPORATED, NORFOLK, VIRGINIA, FOR THE STORAGE OF A QUANTITY OF YOUR HOUSEHOLD GOODS CONSISTING OF LINENS, DISHES, ETC., WHICH THEN WERE IN YOUR RESIDENCE AT 1229 RIVER OAKS DRIVE, NORFOLK. THE GOODS WERE PICKED UP ON AUGUST 11, 1967, AND ON THAT DATE YOU MADE A DOWN PAYMENT OF $85. THEIR BILL DATED AUGUST 15, 1967, SHOWS THE NET WEIGHT OF THOSE GOODS AS 650 POUNDS AND A TOTAL CHARGE OF $103.25, REPRESENTING $15 FOR PICKUP, $6 FOR WAREHOUSE HANDLING, $76.25 FOR PACKING, AND $6 FOR ONE MONTH'S STORAGE. IT ALSO SHOWS A BALANCE OF $18.25 DUE AND THAT THE MONTHLY STORAGE RATE THEREAFTER WOULD BE $6.

THE FILE ALSO SHOWS THAT IN JUNE 1969 YOU ARRANGED FOR THE MOVEMENT OF YOUR FURNITURE FROM THE RIVER OAKS DRIVE RESIDENCE TO ANOTHER RESIDENCE IN NORFOLK, 3852 DAVIS STREET. THE ONLY DOCUMENT SUBMITTED BY YOU AS EVIDENCE OF THIS SHIPMENT WAS A STATEMENT SIGNED BY TWO WITNESSES, ARNOLD H. LINDBLAD AND JEANNE F. LINDBLAD, THAT THEY WERE PRESENT WHEN THE AGREEMENT WAS MADE AND THAT THEY KNEW THE MOVE TOOK PLACE APPROXIMATELY IN JUNE 1969 FOR THE AGREED AMOUNT OF $115.

ON JULY 8, 1971, THE NAVY REGIONAL FINANCE CENTER FORWARDED YOUR CLAIM FOR $200 ($85 FOR STORAGE OF ONE LOT OF HOUSEHOLD GOODS AND $115 FOR THE INTRACITY MOVEMENT OF THE OTHER LOT) TO OUR CLAIMS DIVISION FOR SETTLEMENT. IT WAS REPORTED THAT YOUR ENTITLEMENT TO SHIPMENT HAD BEEN EXTENDED TO JANUARY 1, 1970, AND THAT YOU WERE UNABLE TO FURNISH ALL PAID BILLS. BY SETTLEMENT OF THIS OFFICE DATED OCTOBER 21, 1971, YOUR CLAIM WAS DISALLOWED. IN THAT SETTLEMENT YOU WERE DENIED REIMBURSEMENT OF THE SUM OF $85 BECAUSE OF THE PROVISIONS OF PARAGRAPH M8100-1 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDE THAT TEMPORARY STORAGE IS NOT AUTHORIZED IN CONNECTION WITH AN INTRACITY MOVEMENT OF HOUSEHOLD GOODS. REIMBURSEMENT OF THE SUM OF $115 WAS DENIED BECAUSE YOU HAVE NOT FURNISHED A BILL OF LADING OR OTHER ACCEPTABLE DOCUMENTATION PERTAINING TO THE 1969 FURNITURE MOVEMENT.

IN YOUR LETTER RECEIVED HERE ON OCTOBER 29, 1971, YOU SAY THAT THE NAVY REFUSED TO ARRANGE FOR THE MOVEMENT OF YOUR EFFECTS IN AUGUST 1967 BECAUSE YOUR HOUSEHOLD GOODS WERE IN "SEVEN ROOMS, GARAGE, PATIO AND UTILITY ROOM" AND, THEREFORE, YOU HAD YOUR DISHES, LINENS, ETC., PACKED AND MOVED AT YOUR OWN EXPENSE. YOU ALSO SAY THAT IN JUNE 1969 YOUR REQUEST FOR THE MOVEMENT OF YOUR FURNITURE WAS AGAIN REFUSED AND THAT YOU DID NOT GET A BILL OF LADING SINCE THE MEN WHO MOVED THE GOODS WERE NOT FROM A MOVING COMPANY.

THE STATUTORY AUTHORITY FOR MOVEMENT OF HOUSEHOLD EFFECTS OF A MEMBER OF THE UNIFORMED SERVICES INCIDENT TO HIS DEATH IS CONTAINED IN 37 U.S.C. 554(B) AND 406(F). IMPLEMENTING REGULATIONS ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH M8353, CHANGE 161, DATED JUNE 1, 1966, OF THOSE REGULATIONS, PROVIDED THAT UPON RECEIPT OF NOTICE THAT THE MEMBER IS OFFICIALLY REPORTED AS DEAD, TRANSPORTATION OF HOUSEHOLD GOODS IS AUTHORIZED TO THE MEMBER'S OFFICIAL RESIDENCE OF RECORD OR TO THE RESIDENCE OF HIS DEPENDENT, NEXT OF KIN, OR OTHER PERSON ENTITLED TO RECEIVE CUSTODY OF THE HOUSEHOLD GOODS.

PARAGRAPH M8354 OF THOSE REGULATIONS PROVIDED THAT UPON REQUEST OF THE DEPENDENT, HOUSEHOLD GOODS OF A MEMBER WHO DIES WHILE ENTITLED TO BASIC PAY MAY BE PLACED IN NONTEMPORARY STORAGE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH M8101. IT IS PROVIDED IN PARAGRAPH M8101 OF THE REGULATIONS, AMONG OTHER THINGS, THAT NONTEMPORARY STORAGE OF HOUSEHOLD GOODS MAY BE AUTHORIZED IN EITHER GOVERNMENT OR COMMERCIAL FACILITIES AND THAT ENTITLEMENT TO NONTEMPORARY STORAGE INCLUDES ANY SHIPMENT, DRAYAGE, PACKING, AND CRATING NECESSARY TO PLACE HOUSEHOLD GOODS IN THE DESIGNATED STORAGE FACILITY.

PARAGRAPH M8500 OF THE REGULATIONS, AS IS HEREIN MATERIAL, SPECIFIES THAT SHIPMENT OF HOUSEHOLD GOODS ORDINARILY WILL BE MADE THROUGH A SHIPPING OR TRANSPORTATION OFFICER AND THAT WHEN A MEMBER ARRANGES FOR THE SHIPMENT OF HIS HOUSEHOLD GOODS AT PERSONAL EXPENSE HE IS ENTITLED TO REIMBURSEMENT OF SUCH COSTS NOT TO EXCEED THE COST WHICH WOULD HAVE BEEN INCURRED BY THE GOVERNMENT HAD THE SHIPMENT BEEN MADE BY A SHIPPING OR TRANSPORTATION OFFICER. IT FURTHER SPECIFIES THAT CLAIMS FOR REIMBURSEMENT SHALL BE PREPARED AND SUBMITTED IN ACCORDANCE WITH REGULATIONS OF THE SERVICE CONCERNED.

REGULATIONS OF THE DEPARTMENT OF THE NAVY PERTAINING TO CLAIMS FOR REIMBURSEMENT IN CONNECTION WITH HOUSEHOLD GOOD SHIPMENTS ARE CONTAINED IN THE NAVAL SUPPLY SYSTEM COMMAND MANUAL, SECTION IX "CLAIMS." PARAGRAPH 58130 THEREOF SPECIFIES IN SUBPARAGRAPH 3C THAT WHEN SHIPMENTS ARE MADE BY DIRECT HIRE OF A CONVEYANCE OR OPERATOR OF A CONVEYANCE A COPY OF THE RENTAL AGREEMENT, DESCRIPTIVE LIST OF ALL ARTICLES MOVED, AND THE ACTUAL OR ESTIMATED WEIGHT THEREOF WILL BE FURNISHED.

YOU HAVE FURNISHED NO INFORMATION SHOWING THE DISPOSITION MADE OF THE HOUSEHOLD GOODS WHICH WERE MOVED IN AUGUST 1967. SINCE, HOWEVER, THE RECORD INDICATES THAT SUCH GOODS WERE NOT INCLUDED IN THE LOT OF HOUSEHOLD GOODS WHICH WERE MOVED FROM THE OLD RESIDENCE TO THE NEW RESIDENCE IN NORFOLK ALMOST TWO YEARS LATER OR SEPARATELY SHIPPED FROM THE WAREHOUSE TO YOUR NEW RESIDENCE, IT APPEARS THAT THEY WERE PLACED IN NONTEMPORARY STORAGE AS AUTHORIZED BY THE REGULATIONS. AS THE DOWN PAYMENT OF $85 MADE BY YOU IS LESS THAN THE COMPARABLE RATE, AS SHOWN BY OFFICIAL TARIFF SCHEDULES ON FILE IN THIS OFFICE, FOR PACKING, LOADING, UNLOADING, AND ACTUAL MOVEMENT OF A LOT OF 650 POUNDS OF HOUSEHOLD GOODS ($83.01) FOR STORAGE, PLUS STORAGE CHARGE FOR ONE MONTH ($6), WE ARE INSTRUCTING OUR CLAIMS DIVISION TO ALLOW THIS AMOUNT TO YOU.

REGARDING THE SHIPMENT OF YOUR HOUSEHOLD GOODS TO 3852 DAVIS STREET, THE STATEMENT SIGNED BY ARNOLD H. LINDBLAD AND JEANNE F. LINDBLAD DOES NOT MEET THE EVIDENTIARY REQUIREMENTS OF PARAGRAPH M8500 OF THE JOINT TRAVEL REGULATIONS. UNDER THOSE REGULATIONS AND THE MENTIONED PARAGRAPH 58130 OF THE NAVAL SUPPLY SYSTEMS COMMAND MANUAL A CLAIMANT WHO ARRANGES FOR THE MOVEMENT OF HIS HOUSEHOLD GOODS FROM ONE LOCATION TO ANOTHER MAY BE REIMBURSED ONLY UPON THE SUBMISSION OF A RECEIPT OR PAID BILL COVERING THE MOVEMENT OF THE GOODS AND SUBSTANTIATING THE PAYMENT MADE THEREFOR AND INFORMATION, IF NOT ALREADY CONTAINED IN THE BILL, DESCRIBING THE ARTICLES MOVED AND SHOWING THE ACTUAL OR ESTIMATED WEIGHT OF THE GOODS.

UNLESS YOU CAN FURNISH THIS OFFICE A RECEIPT OR PAID BILL FROM THE PERSONS WHO MOVED YOUR GOODS TO 3852 DAVIS STREET AND THE OTHER INFORMATION INDICATED ABOVE, REIMBURSEMENT FOR THE SUM OF $115 IS NOT AUTHORIZED. BASED ON THE PRESENT RECORD, THEREFORE, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE DISALLOWANCE OF YOUR CLAIM RELATING TO THAT MOVEMENT.